EMAIL / WEB HOSTING SERVICE AGREEMENT
This Email / Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of ZipMoon.com for email / web hosting services. You certify that you are at least 18 years of age. To become a ZipMoon.com account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by ZipMoon.com. This Agreement will become effective when accepted by ZipMoon.com. By posting notice 30 days in advance at a web page available on our web site (http://www.ZipMoon.com), ZipMoon.com may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.
Scope of Services and Your Obligations
This Agreement defines the terms and conditions of ZipMoon.com's services as offered by ZipMoon.com and used by you, including the provision of email / web hosting services on ZipMoon.com's servers and connectivity to the Internet (the "Services"). ZipMoon.com will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement.
As part of the Services, ZipMoon.com will also provide your own web-based control panel to administer accounts for your domain.
You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar & gunzip commands, Perl, CShell scripts, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. ZipMoon.com assumes no responsibility to provide you with such knowledge.
Every hosting account with ZipMoon.com features a 30-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us by calling the Customer Service number, we will refund all routine account fees, exclusive of any set up or domain names fees. Accounts closed after 30 days do not qualify for refund of any pre-paid fees.
For server restoration purposes only, ZipMoon.com makes full back-ups of email / websites on a frequent basis; however, ZipMoon.com makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website or important emails. If loss of data occurs due to an error of ZipMoon.com, ZipMoon.com will attempt to recover the data for no charge. Otherwise, ZipMoon.com will attempt to recover the data from the most recent archive for a $50 fee.
ZipMoon.com reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. ZipMoon.com will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not ZipMoon.com's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.
You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that ZipMoon.com is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, ZipMoon.com will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, ZipMoon.com has a policy of terminating accountholders who are repeat copyright infringers.
Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on ZipMoon.com's servers nor the links to other websites are screened, approved, reviewed or endorsed by ZipMoon.com. ZipMoon.com is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not ZipMoon.com's statements of advice, opinion or information.
Limited Warranty; Limitation of Liability; Indemnification
Limited Warranty. You acknowledge that the Services are provided "as is." Neither ZipMoon.com, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. ZipMoon.com is not responsible for and hereby disclaims any warranties, expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its SERVERS or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will ZipMoon.com be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.
Limitation of Liability. IN NO EVENT SHALL ZipMoon.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION, DELETION OR LOSS OF WEBSITE CONTENTS OR EMAIL) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE ZipMoon.com'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF ZipMoon.com'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ZipMoon.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ZipMoon.com'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO ZipMoon.com FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ZipMoon.com LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification. You agree to indemnify, defend and hold ZipMoon.com and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto ZipMoon.com's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to ZipMoon.com's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by ZipMoon.com's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Payment of Fees
ZipMoon.com will publish a notice of fee increases 30 days before such increases take effect on the web site. A listing of current monthly and/or annual fees can be found at http://www.ZipMoon.com
You agree to provide ZipMoon.com with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. You must secure your account with a valid credit card. Payments must be submitted in advance of receiving the Services.
You acknowledge that ZipMoon.com will bill your credit card prior to the Payment Interval you have chosen. You authorize automatic billing by ZipMoon.com on an on-going basis during the term of this Agreement.
Delinquent accounts are those that remain unpaid at the beginning of the next Payment Interval. The Services will be suspended if your account is delinquent, and ZipMoon.com will insert a message at your website indicating your suspension that visitors to your website will see. All email services will also be disabled. Notwithstanding any other rights ZipMoon.com may have in this Agreement, all of your website contents and emails will be destroyed if your account is delinquent for 60 days. ZipMoon.com accounts continue to accrue charges while they are delinquent or if the Services are suspended.
You acknowledge responsibility for your account until payment in full is made.
Acceptable Uses
Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: admin@ZipMoon.com.
You are responsible for all use of your website and email, 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; pyramid schemes; Ponzi schemes; chain letters; 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 ZipMoon.com becomes aware of possible violations of this Agreement, ZipMoon.com may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on ZipMoon.com's servers.ZipMoon.com, 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 ZipMoon.com HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY ZipMoon.com 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 ZipMoon.com AS A RESULT OF ZipMoon.com'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 ZipMoon.com'S 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 ZipMoon.com's servers. You may not post, upload or otherwise distribute copyrighted material on ZipMoon.com's 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.
ZipMoon.com 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, ZipMoon.com 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 ZipMoon.com by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mail bombing (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 mail bombed 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 ZipMoon.com or elsewhere. ZipMoon.com 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. ZipMoon.com may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.
Violations of the ZipMoon.com policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that ZipMoon.com resources are affected, ZipMoon.com 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 ZipMoon.com or at any other site. Use or distribution of tools designed for compromising security or containing viruses or Trojans are 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, ZipMoon.com 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. ZipMoon.com will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
System Resources. System abuse includes any use of ZipMoon.com 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 ZipMoon.com's system resources is an undue burden on ZipMoon.com's system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.
Forgery or impersonation
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.
ZipMoon.com's Right to Terminate Agreement
(a) ZipMoon.com reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that ZipMoon.com, in its sole discretion, believes violates this Agreement or is otherwise harmful to ZipMoon.com's interests or the interests of other accountholders. (b) ZipMoon.com also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website or email content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.
Cancellation of Accounts
You may cancel your ZipMoon.com account by calling Customer Service or by emailing admin@ZipMoon.com Charges for canceling accounts are not prorated on a monthly basis.
All ZipMoon.com accounts must be paid in full before the cancellation will be considered complete.
Miscellaneous
ZipMoon.com has a responsibility to ensure that each of our clients is provided with the best services we have available. While we back up files continuously, we are in no way responsible for the archiving of a site or email. It is the sole responsibility of the creator to copy, back-up or archive all files that constitute a web site or email.
Content
All services provided by ZipMoon.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ZipMoon.com from any claims resulting from the use of the service, which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all ZipMoon.com servers. This includes sites that may infer sexual content or links to adult content elsewhere. ZipMoon.com will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to ZipMoon.com servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
Exceeding Bandwidth Limitations
In order to provide quality, low cost service to ZipMoon.com Customers, limits are placed on bandwidth usage as set forth on the product pages. Accordingly, ZipMoon.com maintains the right to throttle or terminate any Customer's connection exceeding the bandwidth limitations as determined by ZipMoon.com.
Unsolicited commercial email/Unsolicited bulk email
Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature are prohibited.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of ZipMoon.com is strictly prohibited, and will result in immediate termination or prosecution. By clicking the "Submit Order" button, you agree to be bound by and to comply with this Agreement just as if you had signed it, and clicking the "Checkout" button is the legal equivalent of your signature on a written contract.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Billing Problems and Termination
Accounts paid by credit cards which are rejected by our online card processor are grounds for termination. If you need to replace your credit card info you should contact us immediately.
Failure to follow any term or condition will be grounds for immediate account deactivation. |
