Acceptable Use Policy
As a high-quality web hosting provider,
Zacaw Enterprises, Inc. (ZACAW.COM) values its good
reputation. Accordingly, it is important to us that
our customers use our services and the Internet in
general, responsibly and courteously. Most of our customers
do so and seldom need to refer to these AUPs. Nonetheless,
the following constitute examples of unacceptable uses
of Zacaw Enterprises, Inc.’s services, which
will result in suspension, or termination of the customer's
account.
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@zacaw.com . 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 ZACAW.COM becomes aware
of possible violations of this Agreement, ZACAW.COM
may initiate an investigation that may include gathering
information from you and the complaining party, if
any, and examination of material on ZACAW.COM's servers.
ZACAW.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 ZACAW.COM HARMLESS FROM ANY CLAIMS RELATING TO
ANY ACTION TAKEN BY ZACAW.COM AS PART OF ITS INVESTIGATIONOF
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 ZACAW.COM AS A RESULT OF
ZACAW.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 ZACAW.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.
You may not post, upload or otherwise distribute
copyrighted material on ZACAW.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. ZACAW.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, ZACAW.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 ZACAW.COM
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;
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 ZACAW.COM or elsewhere.
ZACAW.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. ZACAW.COM may disclose the usernames
of accounts responsible for forged email messages
to system administrators or users requesting the
information. Violations of the ZACAW.COM policies
outlined herein can sometimes result in massive numbers
of email responses. If you receive so much email
that ZACAW.COM resources are affected, ZACAW.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 ZACAW.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,
ZACAW.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. ZACAW.COM will also fully cooperate
with law enforcement authorities in investigating
suspected lawbreakers.
System Resources
System abuse includes any use of ZACAW.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. Further,
running programs in the background on a ZACAW.COM
server without ZACAW.COM's prior written authorization,
or running chat rooms, Internet Relay Chat, IRC bots,
and the like are not acceptable uses of ZACAW.COM's
servers. |
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