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Terms of Service Agreement (TOS)
Zzyzx Work’s primary objective is to value and support our
subscribers wherever, whenever and however possible. Our management and
staff will provide the highest level of attention and dedication to all
of our subscribers.
In pursuit of our primary objective, Zzyzx Works agrees to deliver the
agreed upon services to our customers at the time of purchase, subject
to the following Terms of Service (hereafter referred to as TOS).
In addition, the use of Zzyzx Work’s service(s) by a subscriber
constitutes an unconditional acceptance of and agreement to Zzyzx Work’s
TOS. Zzyzx Works reserves the right to change or modify the TOS at any
time without notice.
1. Prohibition of Adult Content
Subscribers of Zzyzx Work’s services are prohibited from storing or
posting adult content, or links to adult content, through the subscribed
service. All material of pornographic nature is considered adult
content. Online image galleries whose primary purpose is the public
display of fine art or artistic mediums are not considered to be adult
content.
2. "Fair-Use" Resource Assignment
Zzyzx Works offers unlimited disk space and unlimited other resources,
such as email or FTP accounts, or a great amount of each one of these
resources with certain plans. The intention of Zzyzx Works is to provide
a large amount of space and resources for our customer's convenience of
not having to worry about disk space or resource allotments. These
resource and disk space allotments are optimized and dedicated towards
serving web documents and self-need email / FTP services and are not to
be used as offsite storage area for electronic files, or as a
provisioning service for third party email or FTP hosts. All your
downloadable files or files stored on the server have to be available
for download via a HTML document stored on the Internet in a publicly or
privately accessible area. This policy only applies to web sites who are
considered to be abusive in service, disk space or resource consumption
and where it is evident that the "fair-use" of resources among customers
has been breached, particularly in regards to disk space utilization.
Web sites that are found to contain either/or no html documents, a large
number of unlinked files are subject to warning, suspension or
cancellation at the sole discretion of Zzyzx Works. If a "Fair-Use"
breach occurs, Zzyzx Works may have to remove files from the
subscriber's account in order to restore full serviceability to other
subscribers affected by the breach. In any case, the subscriber will be
notified of any actions that Zzyzx Works may have to take.
3. SPAM and Unsolicited Commercial Email (UCE)
Zzyzx Works takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM through our network and
services. Customers of Zzyzx Works may not use, or permit others to use,
our network to partake in UCE distribution. Customers of Zzyzx Works may
not host or permit hosting of sites or information that is advertised by
UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, Zzyzx
Works will initiate an immediate investigation. During the
investigation, Zzyzx Works may restrict customer access to the network
to prevent further violations. Subscriber will thereafter be advised of
the situation. If a subscriber is found to be in violation of this TOS,
Zzyzx Works may, at its sole discretion, unilaterally restrict, suspend
or terminate the violating customer's account. Further, Zzyzx Works
reserves the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. Zzyzx Works
will notify law enforcement officials if the violation is believed to be
a criminal offense.
4. Payment
Establishment of this service is dependent upon receipt of payment of
stated charges by Zzyzx Works. Subsequent payments are due on the
anniversary date of the month for that month's service or whichever is
the selected billing cycle.
5. Failure to Pay
Zzyzx Works may temporarily deny or terminate service upon the failure
of the subscriber to pay the charges when due. Such termination or
denial will not relieve the subscriber of responsibility for the payment
of all accrued charges and any collection fees.
6. Account Cancellation
A subscriber may cancel his account at any time by contacting Zzyzx
Works. If requesting a cancellation, we ask that subscriber briefly
explains the reasons for doing so, as well as any suggestions on how
Zzyzx Works could improve service. The cancellation will take effect
immediately and the subscriber’s account will remain active until the
end of the subscription. Account resumption is possible by contacting
Zzyzx Works.
7. Subscriber Acknowledgement
Subscriber acknowledges that the service provided is of such a nature
that the service can be interrupted for many reasons other than the
negligence of Zzyzx Works and that damages resulting from any
interruption of service are impossible to ascertain. Therefore,
subscriber agrees that Zzyzx Works shall not be liable for any damages
arising from such causes beyond the direct and exclusive control of
Zzyzx Works. Subscriber further acknowledges that the Zzyzx Work’s
liability for its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services during the
period damages occurred. In no event shall Zzyzx Works be liable for any
special or consequential damages, loss or injury.
8. Change of Nameservers
In cases of new hosting accounts or additions / modifications to hosted
domain names or any other cases which involve the change of nameservers
of a domain from other DNS servers to Zzyzx Work’s DNS servers, there
may occasionally be a delay of several days, weeks or longer depending
on the accessibility of control options at the respective registrar of
the domain name registration. It is possible that if the registrar (or
the entity having control over the domain registration) is not
cooperative, the domain nameservers can not be changed at all. Due to
the unpredictable nature of the nameserver change process, no guarantees
are made regarding the amount of time a specific change may take. On
customer request, nameserver change of domain names is done by Zzyzx
Works on behalf of the account holder. In such cases, a successful
change of nameservers cannot be guaranteed in any way or fashion as it
solely depends on the accessibility or cooperation by the domain name
registration’s registrar.
9. Support Boundaries
Zzyzx Works provides technical support to its subscribers. We limit our
technical support to our area of expertise. The following is our
guideline when providing support: Zzyzx Works provides support related
to your service plan’s features’ physical functioning. Zzyzx Works does
not provide technical support for the subscriber’s customers.
10. Network
A. IP Address Ownership
If Zzyzx Works assigns a subscriber an IP address for use with the
subscription, the right to use that IP address shall belong only to
Zzyzx Works and the subscriber shall have no right to use that IP
address except as permitted by Zzyzx Works. Zzyzx Works shall maintain
and control ownership of all IP numbers and addresses that may be
assigned to subscribers by Zzyzx Works. Zzyzx Works reserves the right
to change or remove all such IP numbers and addresses in its sole and
absolute discretion, at any time.
B. Bandwidth and Disk Usage
Subscriber agrees that bandwidth and disk usage shall not exceed the
maximum number of megabytes per month for the service plan subscribed by
the customer (“Agreed Usage”). Zzyzx Works will monitor subscriber’s
bandwidth and disk usage. Zzyzx Works shall have the right to take
corrective action if subscriber’s bandwidth or disk usage exceeds the
Agreed Usage. Such corrective action may include the assessment of
additional charges, disconnection or discontinuance of any and all
services, or termination of this Agreement, which actions may be taken
is in Zzyzx Work’s sole and absolute discretion, at any time deemed
necessary by Zzyzx Works. If Zzyzx Works takes any corrective action
under this section, subscriber shall be entitled to a pro-rated refund
of any fees paid in advance prior to such action. In any cause,
subscriber will be warned of approaching or exceeded resource limits via
email by Zzyzx Work’s automated notification system.
C. System and Network Security
Subscribers or any network users are prohibited from violating or
attempting to violate the security of Zzyzx Work’s network or any and
all components there in. Violations of system or network security may
result in civil or criminal liability. Zzyzx Works will investigate
occurrences which may involve such violations and may involve and
cooperate with law enforcement authorities in prosecuting subscribers
who are involved in such violations. These violations include, but are
not limited to:
1. Accessing data not intended for such subscriber or logging into a
server or account, which such subscriber is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization.
3. Attempting to interfere with service to any subscriber, host or
network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing."
4. Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which subscriber is
not entitled.
11. Notification of Violation
Zzyzx Works is under no obligation or duty to constantly view each
subscriber's activities to determine if a violation of this TOS has
occurred. Accordingly, we do not assume any responsibility through our
TOS to monitor or police Internet-related activities. Zzyzx Works will
only investigate suspicious activities if they are deemed to violate
this agreement or to harm any part of the services, network or other
subscribers. If a subscriber is found to be in violation, the following
steps are taken:
1. First violation: Any Subscriber, which Zzyzx Works determines to have
violated any element of this TOS shall receive an email warning them of
the violation. Subscriber’s service is subject to a temporary suspension
at Zzyzx Work’s discretion pending a subscriber's agreement in writing
to refrain from any further violations.
2. Second violation: Subscribers, whom Zzyzx Works determines to have
committed a second violation of any element of this TOS shall be subject
to immediate suspension or termination of service without further
notice.
NOTE: Zzyzx Works reserves the right to drop the section of IP space
involved in SPAM or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet. In
particular, if open relays are on your network or a customer's network
or if denial of service attacks are originating from your network. In
certain rare cases, we may have to do this before attempting to
contacting the subscriber. Zzyzx Works will contact the subscriber as
soon as it is feasible.
12. Suspension of Service or Cancellation
Zzyzx Works reserves the right to suspend network access to any
subscriber if in the judgment of Zzyzx Works, the subscriber‘s account
is the source or target of a violation of any of the terms of the TOS,
or for any other reason which Zzyzx Works deems necessary.
If inappropriate activity is detected, all accounts of the subscriber in
question will be deactivated until our investigation is complete. Prior
notification to the subscriber is not assured. In extreme cases, law
enforcement will be contacted regarding the activity. The subscriber may
not be credited for the time the subscriber’s machines were suspended if
the subscriber is found to be at fault.
13. Miscellaneous Provisions
Subscriber must provide Zzyzx Works real and current contact information
at all times. E-mail address, telephone and fax contacts are used, and
in that order of preference.
1. Zzyzx Works takes no responsibility for any material placed on its
network by others. Zzyzx Works is not responsible for the content of any
other websites linked to. Links to other sites are provided as Internet
navigation tools only. Zzyzx Works disclaims any responsibility for any
inappropriate use and any liability to any person or party for any other
person or party's violation of this policy.
2. Zzyzx Work’s subscribers are not permitted to run IRC servers
14. Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal
activities. Therefore, subscriber agrees that Zzyzx Works may disclose
any and all subscriber information including assigned IP numbers,
account history, account use, etc. to any law enforcement agency that
requests such information, provided they posses the proper
court-approved warrant, without consent or notification to the
subscriber.
15. Indemnification
Each party (the “Indemnifying Party”) hereby indemnifies the other party
(the “Indemnified Party”), its officers, directors, employees and
agents, and agrees to defend and hold them harmless from and against any
and all liability, damage, loss or expense (including reasonable
attorneys fees) arising from any claim, demand, action or proceeding
based upon the alleged breach or untruthfulness of any of the
Indemnifying Party’s representations or warranties, or incurred in the
settlement or avoidance of any such claim, provided, however, that the
Indemnified Party shall give prompt notice to the Indemnifying Party of
the assertion of any such claims and provided further that Indemnifying
Party shall have the right to select counsel and control the defense
thereof, subject to right of the Indemnified Party to participate
therein.
16. Severability
If any provision of this TOS shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to
be valid and enforceable. If a court finds that any provision of this
TOS is invalid or unenforceable, but that by limiting such provision it
would become valid and enforceable, then such provision shall be deemed
to be written, construed, and enforced as so limited.
17. Applicable Law
This TOS is subject to the governing laws of the State of Florida.
Courts of competent jurisdiction in Miami, Florida shall hear and decide
any disputes.
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