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Terms of Service |
When using the Service provided by iZone Networks, defined
below in Section 1.1, you agree to be bound by all of the following terms
(the "Terms of Service") within this Agreement & the addendums based on your service.
iZone Networks reserves the right to alter, ammend or modify any provision of
this Terms of Service Agreement at any time with or without prior notice
to you.
This Agreement is effective from your acceptance thereof, which is
indicated by the establishment of your account. If you are a current iZone Networks
client when this Agreement is activated, your continued use of the Service
constitutes your acceptance of this Agreement.
1. Services
1.1. iZone Networks provides Website Hosting & Dedicated services, including, but not
limited to, Diskspace for File Storage; FTP Access for uploading and
downloading files to and from your assigned account.
1.2. Any means of identification assigned to you by iZone Networks (including
username and IP address) will remain the property of iZone Networks. iZone Networks
reserves the right to alter or replace these forms of identification at
any time.
1.3. iZone Networks makes no guarantees as to the continuous availability of the
Service or any specific feature of the Service. iZone Networks reserves the
right to discontinue and/or change the Service or any of its features at
any time with or without notice.
2. Registration Requirements
2.1. In consideration of the Use of the Service, outlined below in Section
3, Client certifies to iZone Networks that he/she is not a minor. By accepting
this Agreement, you represent that you are at least 18 years of age.
2.2. You agree to provide iZone Networks with accurate, complete and up-to-date
billing information, including your legal name, electronic mail (e-mail)
address, home/business address, and telephone number(s). All changes to this
information must be reported to iZone Networks within 30 days of the change.
2.3. By accepting this Agreement, you agree that you are responsible for
all charges posted to your account until you close the account as
specified in Section 11. If any information provided by you is inaccurate,
not current or incomplete, iZone Networks retains the right to suspend or
terminate your account.
3. Use of the Service
3.1. You, and those you authorize, are the only individuals who are
authorized to access the Service through your account. You must ensure
that all authorized users on behalf of your account comply with this
Agreement.
3.2. You are responsible for maintaining the confidentiality of passwords
used by yourself or any authorized user for your account.
3.3. You will not use the Service or permit others to use the Service
through your account in any way that violates any law or regulation;
subjects iZone Networks to liability; or is in any violation of the iZone Networks
Terms of Service Agreement.
4. User Conduct
4.1. You agree to be solely responsible for the content of your
transmissions through the Service. You acknowledge that iZone Networks simply
acts as a passive conduit for the distribution and transmission of data.
4.2. You may now resell multi hosted accounts.
4.3. You agree that your use of the Service is subject to all applicable
local, state, national and international laws and regulations.
Furthermore, you agree that you recognize that violation of any such laws,
rules and regulations shall be cause for immediate termination, without
notice, of your account at the sole discretion of iZone Networks.
5. Unacceptable Use of Service
5.1. Illegality in any form, including, but not limited to, activities
such as unauthorized distribution or copying of copyrighted software;
violation of U.S. or International export restrictions; harassment; fraud;
drug dealing; intentionally inflicting emotional distress; violating
trademarks; copyrights; and other intellectual property rights.
5.2. We reserve the right to remove permission to access the Service if we
suspect security violation attempts involving your account, whether
directly deliberately caused by you or not.
5.3. Spamming, to send unsolicited commercial email or newsgroup posts,
from the server or involving your domain.
5.4. Mail bombing, sending of large files or emails to other users against
the request of an Internet user, whether or not our servers are used.
5.5. Violations of system or network security is prohibited, and may
result in criminal and civil liability. Examples include, but are not
limited to, the following: Unauthorized access, use, probe, or scan of a
systems security or authentication measures, data or traffic. Interference
with service to any user, host or network including, without limitation,
mail bombing, flooding, deliberate attempts to overload a system and
broadcast attacks.
5.6. The use of programs that consume an excessive amount of CPU run time
or Random Access Memory (RAM) on the server.
5.7. Unacceptable site content, links, storage and/or distribution
including, but not limited to, pirated software or programs which are
intended or used for security violation purposes ("cracking
software"); "Warez Sites"; "IRC Bots";
pornography; nudity; sexually explicit or offensive material; and
defamatory, scandalous, or private information about a person without
their consent.
ALL FORMS OF 'UNACCEPTABLE USE OF SERVICE' ARE STRICTLY FORBIDDEN.
EVIDENCE OF SUCH MATERIAL WILL BE CAUSE FOR IMMEDIATE TERMINATION OF
SERVICE. iZone Networks WILL BE THE SOLE ARBITERS AS TO WHAT CONSTITUTES A
VIOLATION OF THIS PROVISION. iZone Networks WILL NOTIFY THE APPROPRIATE LAW
ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A CRIMINAL OFFENSE.
6. Fees
6.1. Setup fees (where applicable) are non-refundable. iZone Networks does not
issue refunds for fees paid in advance or for fees and/or payment made
towards your account after the first 15 days of Service.
6.2. Current pricing for iZone Networks services may be obtained by website and sending a
email to: sales@iZonenetworks.net
iZone Networks reserves the right to change prices, rates and/or institute new
charges/fees at any time upon 30 days prior notice.
6.3. A service charge, up to the maximum allowed by the state you reside
in, will be assessed to your account for each check that is returned to iZone Networks
for insufficient funds.
6.4. Payment must be made towards your account on its assigned due date.
If your account is delinquent, your account may be suspended or terminated
at the sole discretion of iZone Networks.
IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL
INSTITUTION, IZONE NETWORKS RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES,
REGARDLESS OF YOUR ACCOUNT STATUS.
iZone Networks may, at its sole discretion, charge a fee of US$25.00 or greater
to reinstate a suspended account.
6.5. If you believe that iZone Networks has billed you in error, you must
contact the Billing Department within 30 days of the invoice or
transaction date of the charge. Refunds or adjustments will not be given
for any charges billed in error which are more than 30 days old.
7. Discaimer of Warranties
7.1. You assume full responsibility and risk for use of the Service by you
and your authorized users. The Service is provided on an "as is"
and "as available" basis. iZone Networks does not warrant that the
Service will be uninterrupted or error-free. iZone Networks makes no express or
implied warranties, representations or endorsements including, but not
limited to, warranties of title, non-infringement or implied warranties of
service or fitness for a particular purpose regarding all information or
service provided through iZone Networks. No advice or information given by iZone Networks,
its employees, affiliates or contractors shall create a warranty.
7.2. iZone Networks shall not be liable for any costs or damages arising
directly or indirectly from use of the Service. It is soley your
responsibility to evaluate the accuracy, quality, completeness, and
usefullness of all opinions, advice, services, and other information
provided through the Service.
8. User Remedies
8.1. If you are dissatisfied with the Service or any of its terms,
conditions, rules, policies, guidelines, or practices, your sole and
exclusive remedy is to terminate this Agreement and discontinue using the
Service by closing your account by one of the methods outlined in Section
11.
8.2. Under no circumstances shall iZone Networks, its employees, affiliates or
contractors be liable for any direct, indirect, incidental, special,
punitive, or consequential damages that result in any way from any: use of
your account or the Service or your inability to use the Service; your
reliance on or use of information, services or merchandise provided on or
through the Service or that result from mistakes, ommissions,
interruptions, deletion of files, errors, defects, delays in operation or
transmission, or any failure of performance.
9. Idemnity
You agree to defend, indemnify, and hold iZone Networks and its affiliates
harmless from any and all liabilities, costs, and expenses, including
reasonable attorneys' fees, related to or arising from: any violation of
this Agreement by you or those who access this Service through your
account; the use of the Service or the Internet in general; and the
placement or transmission of any message, information, software, or other
materials on the Internet by you or by those who have access to the
Service through your account.
10. Termination of Agreement
10.1. You may terminate this Agreement by using the methods outlined in
Section 11 of this Agreement. Your termination will only be complete upon
your receipt of a confirmation number from iZone Networks. You will recieve this
confirmation number either via Electronic Mail or fax. Charges to your account
will stop accruing the day you recieve your confirmation number. iZone Networks
will not issue refunds for fees paid in advanced or for accounts that have
been activated passed the 30 Day Money Back Guarantee mark.
10.2. iZone Networks may terminate this Agreement at any time without cause upon
30 days prior notice; or; immediately if you or any person who has access
to the Service through your account, commit a material breach of this
Agreement including, but not limited to, a breach of any obligation
imposed under Sections 2, 3, 4, 5 or 6 or if you fail to pay any charges
within 10 days of the date they accrue.
10.3. Upon termination of this Agreement, all rights granted to you or
your authorized users under this Agreement shall immediately cease and
terminate.
10.4. Termination from this Agreement does not release you from the
obligation to pay all accrued charges under this Agreement.
10.5. Sections 6, 7, 8, 9, and 11 shall survive termination of this
Agreement, iZone Networks retains the right to enforce these provisions
regardless of account status.
11. Closing an Account
11.1. You may close your account by one of the following methods:
Send request via email to
The request must meet the following criteria:
Include your account information
(domain name, username, email address, telephone number, account number)
Failure to enforce strict performance of any provision of this Agreement
shall not be construed as a waiver.
This Terms of Service Agreement constitutes the entire Agreement between
you and iZone Networks with respect to the Service. |
Virtual Hosting Acceptable Use Policy |
Use and Misuse of the Services
All complaints of abuse, violation and misuse of the Services, whether
described in this section or otherwise, shall be investigated promptly. If
you are not sure if your actions will be an abuse, violation or misuse,
please ask first: abuse@iZoneNetworks.net.
You are responsible for all use of your website, with or without your
knowledge or consent.
You agree to use the Services only for lawful purposes, in compliance with
all applicable laws. Illegality includes, but is not limited to: Drug
dealing; Attempting without authorization to access a computer system;
Pirating (distributing copyrighted material in violation of copyright law,
specifically MP3s, MPEGs, ROMs, and ROM emulators); Gambling; Schemes to
defraud; Trafficking in obscene material; Sending a message or having
content that is obscene, lewd, lascivious, filthy, or indecent with intent
to annoy, abuse, threaten, or harass another person; Threatening bodily
harm or damage to individuals or groups; Violating U.S. export
restrictions; stalking; or violating other state or federal law, such as
the Electronic Communications Privacy Act, the Computer Fraud and Abuse
Act, or the Economic Espionage Act. Linking to illegal material is also
prohibited.
When iZone Networks becomes aware of possible violations of this Agreement, iZone Networks
may initiate an investigation that may include gathering information from
you and the complaining party, if any, and examination of material on iZone Network's
servers. iZone Networks, in its sole discretion, will determine what action
will be taken in response to a violation on a case-by-case basis.
Violations of this Agreement could subject you to criminal or civil
liability.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD IZONE NETWORKS
HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY IZONE NETWORKS AS
PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS
A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS
OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER
FROM IZONE NETWORKS AS A RESULT OF IZONE NETWORK'S DECISION TO: REMOVE
MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR
TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR
AS A RESULT OF IZONE NETWORKS CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS
WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
Use and Misuse of Materials
Materials in the public domain (e.g., images, text, and programs) may be
downloaded or uploaded using the Services. You may also re-distribute
materials in the public domain. You assume all risks regarding the
determination of whether the material is in the public domain.
You are prohibited from storing, distributing or transmitting any unlawful
material through the Services. Examples of unlawful material include, but
are not limited to, threats of physical harm, child pornography, and
copyrighted, trademarked and other proprietary material used without
proper authorization. Pornography and sex-related merchandising, or links
to such material, even if legal, are not acceptable uses of iZone Networks
servers. You may not post, upload or otherwise distribute copyrighted
material on iZone Networks servers without the consent of the copyright
holder.
Unacceptable uses of website content also include the presence of the
following programs or the activities associated with them, regardless of
whether or not any actual intrusion results in the corruption or loss of
data: Server broadcast messages or any message sent on an intrusive basis
to any directly or indirectly attached network; Attempts to circumvent any
user authentication or security of host, network, or account; Accessing
data not intended for user; probing the security of any network; Spawning
dozens of processes; Port scans, ping floods, packet spoofing, and forging
router information; Denial of service attacks, sniffers, flooding,
spoofing, ping bombing, smurfs, winnuke, land and teardrop; Promulgation
of viruses; and IRC bots, such as eggdrop or BitchX.
iZone Networks supports free speech on the Internet and will not suspend or
cancel your account simply because it disagrees with your views expressed
at your website. However, examples of unacceptable activities include
posting private information about a person without his or her consent,
defaming a person or business, and knowingly making available code that
will have a deleterious effect on third-party computers. Where there are
allegations that your on-line activity has violated the legal rights of a
third party, iZone Networks will not substitute itself for a court of law in
deciding tort claims raised by the third party.
Email Use
Unacceptable affronts to netiquette and unacceptable activities include,
but are not limited to, the following: Spamming (sending unsolicited
advertising to those with which you have no existing business relationship
and posting off-topic advertising in newsgroups); Spoofing (using a return
email address that is not the valid reply address of the sender or sending
an email message that does not contain enough information to enable the
recipient to identify you); Passive spamming (promoting a website hosted
by iZone Networks by spamming from some other source); trolling (posting
controversial messages in newsgroups to generate responses); Mailbombing
(inundating a user with email without any serious intent to correspond or
sending large or multiple files to a user); Generating a higher volume of
outgoing mail than a normal user (over 10% of available system resources);
Propagating chain letters; and subscribing someone else to an electronic
mailing list without that person's permission. A message is considered
unsolicited if it is posted in violation of a newsgroup charter or sent to
a recipient who has not requested the message. Making an email address
available to the public does not constitute a request to receive messages.
Distribution of mass emailing programs is also prohibited. All recipients
on a mailing list must have personally subscribed. Mailing lists may not
be used to distribute unsolicited email. If you are repeatedly mailbombed
or attract such behavior, the Services will be terminated.
You should not send email to any user who does not wish to receive it,
either at iZone Networks or elsewhere. iZone Networks recognizes that email is
an informal medium; however, you must refrain from sending further email
to a user after receiving a request to stop.
You may not alter the headers of email messages to disguise their identity
or to prevent users from responding to the messages. iZone Networks may
disclose the usernames of accounts responsible for forged email messages
to system administrators or users requesting the information.
Violations of the iZone Networks policies outlined herein can sometimes
result in massive numbers of email responses. If you receive so much email
that iZone Networks resources are affected, iZone Networks staff may shut
down your mailbox.
System Security
You are prohibited from utilizing the Services to compromise the security
of system resources or accounts on servers at iZone Networks or at any other
site. Use or distribution of tools designed for compromising security or
containing viruses or trojans is prohibited. Examples of these tools
include, but are not limited to, password guessing programs, cracking
tools or network probing tools.
If you are involved in violations of system security, iZone Networks
reserves the right to release all usernames of users involved in such
violations to system administrators at other sites in order to assist them
in resolving security incidents. iZone Networks will also fully cooperate
with law enforcement authorities in investigating suspected lawbreakers.
System Resources
System abuse includes any use of iZone Networks resources that disrupts
the normal use of its servers or services for others. Examples of system
abuse include running excessive numbers of processes or consuming
excessive amounts of CPU time, memory or disk space.
Any usage of 10% or more of iZone Networks system resources is an undue
burden on iZone Networks system and is unacceptable. If your usage ever
exceeds 10% of system resources, your account may be terminated
immediately and without prior notice.
Further, running programs in the background on a iZone Networks server without iZone Networks
prior written authorization, or running chat rooms, Internet Relay Chat,
IRC bots, mailing lists that send more then 1,000 emails a day and the
like are not acceptable uses of iZone Networks servers.
This Acceptable Use Policy Agreement constitutes the entire Agreement
between you and iZone Networks with respect to the Acceptable Use of the
Service.
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