At ZIRNET, we value our Customers and wish to provide them with a positive
experience. To offer you the best service possible, all Customers need to follow the
same rules and guidelines. These policies are intended to make ZIRNET services available
to all our Customers as consistently and efficiently as possible.
USER-SUPPLIED CONTENT
All services may be used for lawful purposes only. Through ZIRNET Service, you may have access
to Chat Areas, Bulletin Boards, Web Pages, eMail, or other Services that enable you to
send or post materials ("content") and make that content available to others.
You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive,
obscene, infringing, or threatening content. In addition, you may not submit, publish,
or display any content that violates any US Federal, State, or Local Law. You are solely
responsible for the content you make accessible through the ZIRNET Network. You may not
use the Service to assist any other person or entity to violate any Federal, State, or
Local Laws, Ordinances or Regulations.
ZIRNET is not obligated to monitor the Network to examine available
content. You hereby acknowledge that if we are made aware of content that is determined
to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene,
excessively violent or otherwise objectionable, ZIRNET has the right, but not the obligation,
to edit, remove or deny access to such content. ZIRNET may disclose any content or records
concerning Customer's account as required to satisfy any Law, Regulation, Governmental
Request or Court Order.
Sites that promote any illegal activity or content that may be damaging
to ZIRNET Servers or any other Server on the Internet are prohibited on all ZIRNET Servers.
Links to such materials are also prohibited. In addition, any Site Selling or promoting
Bulk eMail Service is not allowed. Below are some examples of non-acceptable content or
links:
- Pirated Software (Warez) - Any software that is copyrighted and not
freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer
3 files (MP3).
- Copyright Violations - Violation of copyrights held by individuals and
corporations or other entities can result in civil and criminal liability for the infringer.
- Hacking/Phreaking - Includes sites with material, links, or resources
for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates
in willful harm to Internet Sites or Providers.
NETWORK SECURITY
Customers may not use the ZIRNET Network with an attempt to circumvent user authentication
or security of any host, network, or account. This includes, but is not limited to, accessing
data not intended for the Customer, logging into a Server or Account the Customer is not
expressly authorized to access, password cracking, probing the security of other networks
in search of weakness, or violation of any other organization's Security Policy. Customers
may not attempt to interfere or deny service to any User, Host or Network. This includes,
but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or
crash a Host or Network. ZIRNET will cooperate fully with investigations of violations of
Systems or Network Security at other sites, including cooperating with Law Enforcement Authorities
in the investigation of suspected criminal violations. Users who violate System or Network
Security may incur Criminal or Civil Liability.
CGI SCRIPTS
Each ZIRNET Account comes fully equipped with its own pre-configured CGI-Bin. Customers
are free to use any CGI-Scripts provided with their account or add any additional ones they
require. Any CGI-Scripts deemed to be adversely affecting the Server performance or the Network
integrity may be shut down without prior notice. CGI-Script sharing with Domains not hosted
by ZIRNET is not allowed.
CHAT ROOMS
ZIRNET prohibits its Customers from installing outside chat rooms on their Domain, as these
tend to be a resource problem. ZIRNET does provide its Customers a choice of Java and
PHP Chat rooms to choose from for a nominal monthly charge. These chat rooms were designed
to meet the growing needs of Customers and function without hindering the performance
of the Servers for others.
SERVER RESOURCES
Any Website that uses a high amount of Server resources (such as, but not limited to CPU
Time, Memory Usage, and Network Resources) will be given an option of either upgrading
their service level or reducing the resource used to an acceptable level.
RESELLING ACCOUNT FEATURES
Clients are not allowed to resell any feature within their shared hosting
accounts. This includes and is not limited to email services, CGI services, hard drive
space, or Web space.
INTERNET RELAY CHAT (IRC)
ZIRNET currently prohibits its Customers from operating IRC or IRC Bots on any of the Servers
in the ZIRNET Network.
COMMERCIAL ADVERTISING/MASS MAILINGS
You must not use the ZIRNET Network, ZIRNET Equipment or any ZIRNET eMail Address in connection
with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited
email messages. Your Domain may not be referenced as originator, intermediary, or reply-to
address in any of the above. This prohibition extends to the sending of unsolicited mass
mailings from another service that in any way implicates the use of the ZIRNET Network,
ZIRNET Equipment or any ZIRNET eMail Address. A message is considered unsolicited if
it is posted in violation of a newsgroup charter or if it is sent to a recipient who
has not requested or invited the message. For purposes of this provision, merely making
one's email address accessible to the public will not constitute a request or invitation
to receive messages.
If you are found to have spammed, without warning, ZIRNET reserves the right
to disable your Domain. In addition, ZIRNET may impose a $100 penalty for each spam policy
violation. ZIRNET solely reserves the right to refuse or cancel service to known spammers.
Lastly, ZIRNET reserves the right to determine what violates this policy. As such, any
violation may result in cancellation of services without refund.
DISTRIBUTION AND/OR TRASMISSION OF OBSCENE, INDECENT SPEECH OR MATERIALS
Violation of Indecency and Obscenity Laws can result in Criminal Penalties.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through ZIRNET Services may be subject to protection under the
United States or other Copyright Laws, or laws protecting Trademarks, Trade Secrets or
Proprietary information. Except when expressly permitted by the owner of such rights,
you must not use the ZIRNET Service in a manner that would infringe, violate, dilute
or misappropriate any such rights, with respect to any material, which you access or
receive through the ZIRNET Network. If you use a domain name in connection with the ZIRNET
Service or similar service, you must not use that Domain Name in violation of any Trademark,
Service Mark, or similar rights of any third party.
DEFAMATION
Defamatory speech distributed over the Internet can result in Civil Liability for the defamer.
REFUSAL OF SERVICE
ZIRNET reserves the right at its sole discretion to refuse or cancel service. Violation of
any of ZIRNET Rules and Regulations could result in a Warning, Suspension, or possible
Account Termination. Accounts terminated due to policy violations will not be refunded.
PAYMENT POLICIES
- Credit Card Authorization Form must be returned to ZIRNET, LLC. via email (scanned signature) or fax within 72 hours when requested. Failure will result in automatic suspension of account until form is received by ZIRNET, LLC.
- Any customer who threatens a chargeback for services already paid for or rendered will be terminated immediately.
- All new and existing accounts are setup and billed on a anniversary basis.
- All payment is expected in U.S. currency.
- Accounts that are past due will be suspended within 72 hours of credit card failure notice.
- Accounts may be charged at anytime during the month of which the invoice is due.
- If the transaction is run at least 3 times, and the client fails to update the credit card, the account will be suspended and or terminated without further notice.
- All new accounts are billed on the anniversary date of the account being setup.
- ZIRNET, LLC reserves the right to change prices at any time without notification to customer.
- Service fees do accrue during any period of suspension.
- No receipts or invoices will be sent by regular mail.
- The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies ZIRNET, LLC in writing for a request for termination of services.
- All credit cards declined for any reason may be charged a $20 service charge.
- Checks returned unpaid will be accessed $50.00 service charge.
- In the event the credit card does not clear with the bank, the customer will be notified by e-mail. Past due accounts that are not brought current within 3 days of the e-mail notice are subject to suspension and possible account termination.
- At no time will ZIRNET, LLC allow a website to be operational past the last day of the pre-paid date of services. If user fails to update the account information, ZIRNET, LLC will suspend the account without further notice and consider the account closed.
- Check or money order orders may be approved by ZIRNET, LLC on a per case basis.
- There is a $50 administrative fee for each chargeback placed against us. Any chargeback's or threatened chargeback's or non-payment of services rendered are grounds for immediate account cancellation or termination for any accounts client is hosting with ZIRNET.
CANCELLATION POLICIES
- Phone requests will not constitute acceptance of any cancellation.
- Account cancellations must be submitted by the billing account / credit card holder. Account cancellation require a service cancellation request form be submitted to ZIRNET, LLC, account cancellation will not be valid until confirmed by ZIRNET, LLC and a confirmed cancellation number is assigned.
- ZIRNET, LLC reserves the right to cancel this service agreement at any time.
- Account cancellations must be submitted before next date of recurring charges or user will receive a partial refund of unused months that were pre-paid.
- Account setup fees and domain registration fees are not refundable and will be withheld from any cancellation request.
- In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service.
- Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations.
- Once cancellation form is completed, account is considered terminated pending all account information matches all information on file.
REFUND POLICY
- A full refund excluding domain registration fees, add-on/upgrade fees, overages and startup fees is provided within the first 5 days of your initial account activation.
- Refunds may take up to 30 days to be processed. Once credit is issued, normal circumstances allow 2 billing cycles for refund to show on your credit card statement.
- All Refunds are applied with the same terms they were processed. For Check/Money Order, a company check will be sent to the mailing address we have in our billing system.
- If cancellation is caused by customer's violation of this agreement, then no refund will be disbursed.
- If you cancel prior to the end of your contract term and you received special pre-pay rates, your hosting fees will be adjusted so that you pay the regular, non-discounted monthly fees.
- Customers who have a clear intention of terminating their services and/or using up all or a higher than normal amount of resources before the 5 day refund, there will be no refund given and account will be terminated. Any prepaid full months will be refunded accordingly.
- In the event you have elected to prepay subsequent, additional months' service fees, we retain the right to charge you an administrative fee of 75% and deduct the administrative fee from the subsequent, future months' service sees before refunding them to you.
INDEMNIFICATION
Customer agrees that it will protect, indemnify, save and hold ZIRNET harmless from any and
all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's
fees assessed against ZIRNET, its agents, customers, officers, employees and administration
that may arise or result from any service provided or performed or agreed to be performed
or any product sold by it's customers, agents, employees or assigns. Customer agrees
to defend, indemnify and hold ZIRNET harmless against liabilities arising out of; (1)
any injury to person or property caused by any products sold or distributed in association
with ZIRNET Services; (2) any material furnished by customer infringing or allegedly
infringing on the proprietary rights of a third party; (3) copyright violation and any
defective products sold to a Customer from ZIRNET Services.
NETWORK AVAILABILITY
ZIRNET strives to maintain a 99.9% network and server uptime service level. This uptime
percentage is a monthly figure, and does not include any scheduled hardware/software
upgrades, nor "Acts
of God". Our definition of "Act of God" includes; fire, flood, tornado,
earthquake, telco fiber issues (ie...Verizon™ cutting a fiber line somewhere),
backbone peering point issues (ie...UUnet™
having a router go down in Virginia that wipes out internet service for the entire East
Coast), hard drive failure (faulty hardware is rare, but cannot be predicted nor avoided),
as well as network floods, hacks, and attacks.
If ZIRNET fails to meet it's 99.9% uptime guarantee, and it is not due to
one of the above reasons, partial downtime credits will be made available to each client,
upon request, on a case by case basis. ZIRNET does not credit a full month's service if
we only have 99.5% uptime. This would not be financially healthy for ZIRNET, and in turn
would only negatively affect the service level ZIRNET provides to you. "Partial refunds
for partial downtime" is our standard policy.
DISCLAIMER
ZIRNET will not be responsible for any damages your business may suffer. ZIRNET makes no
warranties of any kind, expressed or implied for services we provide. ZIRNET disclaims
any warranty or merchantability or fitness for a particular purpose. This includes loss
of data resulting from delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by ZIRNET and its employees. ZIRNET reserves the right to amend
or update these policies without notice. Failure to follow any terms and conditions may
result in account deactivation.
ZIRNET furthermore expects that its Customers who provide Internet services
to others will fully comply with all applicable laws concerning the Privacy of On-line
Communications. A Customer's failure to comply with those laws will violate this policy.
Finally, ZIRNET wishes to emphasize that in accepting services, Customers indemnify ZIRNET
for the violation of any law or ZIRNET policy, that results in loss to ZIRNET or the bringing
of any claim against ZIRNET. This means that if ZIRNET is sued because of activities of
the Customer that violate any law, or this policy, the Customer will pay any damages awarded
against ZIRNET, plus costs and reasonable attorneys' fees.
