ZZ Servers Acceptable Use Policy ("AUP")
ZZ Servers requires that each of its customers accept and agree to ZZ Servers Terms of Service, a copy of which is available at http://www.ZZServers.com/about/policy/tos. The Terms of Service constitute a legal agreement between the customer and ZZ Servers. In the Terms of Service, each customer agrees, among other things, to be bound by the terms and conditions of this AUP.* This AUP also binds all users of and visitors to ZZ Servers services and Web sites; by the act of using ZZ Servers services or visiting its Web sites, all such users and visitors agree to be bound by this AUP and by the Terms of Service. (Customers, users, and visitors are referred to herein collectively as "Customers.").
ZZ Servers requires that all Customers conduct themselves as good citizens of the Internet and at all times behave with respect for others. Each Customer is responsible for preventing violations of this AUP by third parties accessing ZZ Servers services through Customer's computers or accounts, including without limitation hackers and Customer's own users.
A. The following activities are expressly prohibited:
1. Spam/Email Marketing
ZZ Servers does not tolerate Spam or email marketing of any kind, whether legal or illegal. Do not send more than one hundred (100) unsolicited emails during any twenty-four (24) hour period. Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited. (Messages forbidden by this paragraph are collectively referred to herein as “Email Marketing.”) (Email Marketing creates a risk that ZZ Servers will be blacklisted from other networks and so could adversely affect other ZZ Servers users.)
Do not violate the CAN-SPAM Act of 2003. Do not send Email Marketing Messages or facilitate Email Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by Email Marketing, even if such conduct is CAN-SPAM compliant.
Do not set up an open mail relay that is not password protected or that could allow anyone to send Email Marketing Messages.
- Intellectual property infringement, including violations of copyright, trademark, and patent rights, and use or distribution of pirated software. (Please see ZZ Servers's policy regarding Intellectual Property infringement, at http://www.ZZServers.com/intellectual_property.html.)
- Hacking or perpetration of any security breach.
- Unauthorized access to any computer or system, including intrusion into or scanning of other ZZ Servers accounts.
- Dissemination of deliberately offensive material, including any message or information that is or may be threatening, libelous, obscene, or harassing.
- Child pornography or any other activity harmful to minors. (ZZ Servers does allow hosting of adult content that is legal under U.S. law, including applicable state law, provided such content does not fit any excluded criterion listed in this Part A or otherwise violate any ZZ Servers policy.)
- Violation of privacy rights.
- Use of third party software without a proper license or other appropriate permission, including Microsoft software.
- Network attacks or any unfriendly effort to interfere with service on another network or server.
- Virus distribution or distribution of any worm or other harmful code.
- Illegal activities of any kind.
B. Investigations, disruptions, & security:
ZZ Servers may suspend Service in whole or in part without advanced notice if it reasonably suspects an AUP violation. Customer will reimburse ZZ Servers for any expenses resulting from Customer's violation of the AUP, including investigation fees (not to exceed $500 per incident or claim) and attorneys' fees. Investigation fees include fees of $75.00 per half-hour for each ZZ Servers staff-member. ZZ Servers may also disable Customer's service if ZZ Servers suspects that such service is the target of an attack or in any way interferes with services provided to other customers, even if Customer is not at fault. ZZ Servers does not issue refunds for terminating service due to any of the causes above.
Customer is responsible for the use of its service, including use by hackers and other unauthorized third parties. Customer's responsibility includes payment for exceeding transfer and bandwidth limits.
Except where ZZ Servers accepts such responsibility through provision of Managed Services (per the Terms of Service), Customer is responsible for maintaining security, including disaster recovery systems and backups. (Customer is advised to maintain backups on its own premises.)
C. Reporting AUP Violations:
*Some of the terms of this AUP may overlap terms of the ZZ Servers Terms and Conditions. In the event of any inconsistency, the ZZ Servers Terms and Conditions will govern the relationship between ZZ Servers and Customer.