Throughout this AUP, Zimcom Internet Solutions "Zimcom" shall use the terms "Zimcom Member"; "Account Holder"; "User"; "Customer"; and "Subscriber" interchangeably to describe any individual who has registered to use any Zimcom Internet or Hosting service. Additionally, these terms shall also mean a direct reference to Zimcom customer accounts, thereby holding the account holder(s) responsible for all activities that occur through use of these accounts.
1. Registration Requirements:
Any potential Customer signing up for a Zimcom account or service must provide current and accurate billing information including legal name, address, telephone number, and billing method. The Customer is responsible for reporting any and all changes, including new or updated credit card and/or bank information. Zimcom is not responsible for any damages, financial or otherwise, which may accrue due to a misrepresentation of or failure to report current and accurate billing information.
2. Privacy:
Zimcom maintains a strict privacy policy. Only the individual whose name is upon the account(s) will be permitted to request changes to said account(s). Likewise, inquiries into Customer information will be answered to the Account Holder only. However, Zimcom will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
3. Billing Deadlines:
Service fees are billed in advance. Invoiced customers must remit payment to Zimcom according to the terms outlined on the invoice. Customers making late payments are subject to a late fee of 1.5% of the outstanding balance on the account.
4. Cancellation:
Unless specifically outlined in a Service Agreement between Customer and Zimcom, any request to cancel service on an account must be received on or before the last day of the current billing cycle in order to cancel effective at the end of that billing cycle. Customers who cancel under these parameters will be eligible for a refund of prepaid amounts for future billing cycles. All others will receive service through the end of their current cycle; service fees already paid will not be returned.
5. Insufficient Funds Fee:
If a check or direct debit is returned marked "insufficient funds" by a Member's financial institution, that Member will be subject to automatic suspension of the account, a $20.00 "insufficient funds" penalty, and a $10.00 account reactivation/late fee.
6. Appropriate Usage & Indemnification:
Zimcom accounts may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulation is prohibited. This includes but is not limited to copyrighted material, threatening or obscene material, or material protected by trade secret. Members agree to indemnify and hold harmless Zimcom from any claims resulting from the use of the service, which damages a Member or any party. Zimcom makes no warranties of any kind, whether express or implied, as to the availability, accuracy, or content of the information, products, or services it is providing. Zimcom disclaims any warranty of merchantability or fitness for a particular purpose. Zimcom will not be responsible for any damage suffered from use of its service including, but not limited to, loss of data, delays, mis-deliveries, or service interruptions caused by Zimcom negligence or User errors or omissions.
Use of any information, programs, or data obtained from or via Zimcom is at the User's own risk. Zimcom specifically denies any responsibility for the accuracy or quality of information obtained through its services.
7. Termination:
Zimcom reserves the right to refuse or terminate service without notice if the Customer violates this AUP.
8. Restrictions:
Zimcom exercises no control whatsoever over the content of the information passing through its systems. Information stored on the Zimcom servers is subject to certain restrictions including, but not limited to, the following situations:
a. Zimcom reserves the right to remove from its servers any Customer-produced information found to be offensive by members of the Internet community, or unlawful by federal and state regulations (specifically, but not only, protected material). Repeated complaints may result in the termination of a Customer's account.
b. Using a Zimcom account to send bulk e-mail to more than 100 users is not allowed. Users sending letters with more than 100 recipients must run consecutive mail delivery programs. Concurrent mailings to more than 100 recipients and unsolicited commercial mail to multiple recipients are strictly prohibited.
c. Commercial postings to noncommercial newsgroups are prohibited. In addition, postings that are directed to more than 20 groups or to inappropriate or unrelated groups are not allowed. The cross-posting of articles into non-related newsgroups is strongly discouraged due to the congestion created by this practice. User data must be stored within the User's assigned home directory, or as assigned by Zimcom staff. Usage of other disk space is prohibited, except by Zimcom system programs making temporary use of the system's public file system areas.
9. No-Spam Policy:
While Zimcom takes several steps to block the dissemination of spam, it is impossible to completely filter out unsolicited commercial e-mails. Zimcom maintains a strict no-spam policy. Spam shall herein be defined as, but not limited to definition of, items 8.b and 8.c above in this document. By the continued use of our service, Zimcom Account Holders agree not to send unsolicited commercial or mass e-mail from any Internet account (through Zimcom or elsewhere) under any circumstances, nor to use Zimcom services for the collection and distribution of address lists, software, or other information to be used for such purposes. The Account Holder further agrees not to associate Zimcom, under any circumstances, with any such mass mailings. Any Individuals who are cancelled for spamming will incur a $250.00 cleanup fee, which is neither negotiable nor refundable. Any damages requiring extensive repairs caused by spam will result in the offending party being billed at a rate of $125.00 per hour until the repairs are completed to the satisfaction of Zimcom. In order to better prevent unauthorized emails and other unauthorized communications, Zimcom will not disclose nor sell your email addresses or personal information to any third party.
10. Domain & Site Restriction:
Zimcom reserves the right to block information including, but not limited to, e-mail, Web sites, and newsgroups from domains and sites which have been deemed an unacceptable risk due to spamming of Zimcom or with a history of spam originating from said sites or domains, until such time as the originating sites implement measures to cease outgoing spam.
11. Web Site Usage:
Zimcom's site on the World Wide Web with its home pages in the domain www.Zimcom.net , "Zimcom", or any other site operated by Zimcom (the "Web site") is a complimentary information service offered by Zimcom at no charge to Users. Zimcom may provide links on the Web site to other Web sites, which are not under Zimcom 's control. In general, any Web site that has an address or URL that does not contain "Zimcom", is such a Web site. These links are provided for convenience only. Zimcom does not endorse any organization or individual operating the Web site or make a warranty of any type regarding the Web site or the information on the Web site.
You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked "Zimcom "; (b) the link must "point" to the URL http://www.Zimcom.net and not to any other pages within the Web site; (c) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Zimcom name and trademark(s); (d) the appearance, position, and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Zimcom ; (e) the link, when activated by a user, must display the Zimcom Web site full-screen and not within a "frame" on the linked Web site; and (f) Zimcom may, in its sole discretion, revoke consent to link to its Web site at any time. Zimcom must approve all other hypertext links to the Web site in writing.
Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by Zimcom. Zimcom assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. Users agree to hold Zimcom harmless from all claims based upon the materials posted by others. Also, in exchange for the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, Members will indemnify Zimcom from any claims made by third parties regarding the material provided. Personal information posted to the Web site is posted at the Member's own risk. Zimcom will have no liability arising from use of that information. Users shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. Members agree not to post, upload, or otherwise introduce a virus or other harmful code onto the Web site.
Posting material on the Web site or providing material to Zimcom to use on the Web site will be deemed to be a grant by the User to Zimcom of a license to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so. Users waive all rights of attribution and integrity with respect to the material.
12. Prohibited Activities:
The items listed below, without limitation, constitute violations of this AUP. Zimcom may block access, assess charges, or cancel service to Subscribers who engage in the following activities:
a. Harassment. Using the services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another user.
b. Fraudulent activity. Using the services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters."
c. Threats. Using the services to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
d. Illegal use. Using the services to transmit any material (by e-mail, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations promulgated there under.
e. Harm to minors. Using the services to harm, or attempt to harm, minors in any way. All use of the services must comply with the Children's Online Privacy Protection Act of 1998 ("COPPA").
f. 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 re-mailers or nicknames does not constitute impersonation. Modifying headers or using deliberately misleading headers in news postings in order to avoid spam e-mail address collectors is allowed.
g. Unsolicited commercial e-mail/Unsolicited bulk e-mail. Using the services to transmit any unsolicited commercial e-mail or unsolicited bulk e-mail. Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail whether or not that e-mail is commercial in nature are prohibited.
h. Unauthorized access. Using the services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Zimcom 's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
i. Copyright or trademark infringement. Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Please visit http://www.loc.gov/copyright/legislation/dmca.pdf for more information.
j. Collection of personal data. Using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
k. Newsgroups. Zimcom Members should use their best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQs, or "community standards" describing what is and is not considered appropriate. Usenet can be a valuable resource if used properly. The continued posting of off-topic articles is prohibited. Commercial advertisements are off-topic in most newsgroups, especially regional groups not specifically named for such. The presence of such articles in a group is not indicative of the group's "intended" use. Members should familiarize themselves with basic Usenet netiquette before posting to a newsgroup.
l. Network disruptions and unfriendly activity. Using the services for any activity that adversely affects the ability of other people or systems to use Zimcom services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services, or network equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Member may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Member may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
m. Reselling the services. Reselling the services without Zimcom 's authorization is prohibited.
13. Jurisdiction:
Zimcom 's Acceptable Use Policy is governed by Ohio law without regard to conflict of law provisions.
14. Complete Agreement & Amendments:
These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Zimcom reserves the right to amend, alter, or modify the Acceptable Use Policy at any time and in any way. Any amendment, alteration, or modification is effective immediately upon posting at Zimcom's Website (www.zimcom.net). Use of Zimcom services constitutes acceptance of these current terms and conditions. Violations of any provision contained herein may result in immediate termination of service with no refund. Zimcom reserves the right to pursue legal action for any damages incurred from violations of these policies.