POLICIES : Subscriber
Acceptable Use Policy
IPZ.NET supports the free flow of information and ideas over
the Internet to an extent. IPZ.NET will periodically monitor
and exercise editorial control over the content of any web
site, electronic mail transmission, mailing list, news group
or other material created or accessible over IPZ.NET services.
IPZ.NET reserves the right to remove any materials that, in
IPZ.NET's sole discretion, are potentially illegal, may subject
IPZ.NET to liability, or violate this Acceptable Use Policy
("Policy"). Your violating this Policy may result
in the suspension or cancellation of your IPZ.NET services.
This policy should be read in conjunction with the IPZ.NET
Internet Access Agreement and the
Billing & Payment Policy.
2. Policy Violations
The following are violations of IPZ.NET's acceptable use policies:
2.1. Using IPZ.NET services for
illegal purposes or in support of illegal activities. Activities
which are prohibited as potentially illegal include, but
are not limited to:
2.1.1. Unauthorized copying
of copyrighted material including, but not limited to,
digitization and distribution of photographs from magazines,
books, or other copyrighted sources, and copyrighted software.
2.1.2. Exporting software or
technical information in violation of U.S. export control
2.1.3. Posting or emailing
of scams such as 'make-money-fast' schemes or 'pyramid/chain'
2.1.4. Threatening bodily harm
or property damage to individuals or groups.
2.1.5. Making fraudulent offers
of products, items, or services originating from your
2.1.6. Attempting to access
the accounts of others, or attempting to penetrate security
measures of IPZ.NET's or other entities' systems ("hacking"),
whether or not the intrusion results in corruption or
loss of data.
2.1.7. The unauthorized use
of a person's name or likeness.
2.2. Pornograpy or adult related
content in anywhere in your IPZ.NET hosted site is STRICTLY
prohibited. Also creating links to pornograpy or adult related
content from your IPZ.NET hosted site is STRICTLY prohibited.
2.3. Hosting of illegal pirated
software (ie. warez) or cracks anywhere in your IPZ.NET
hosted site is STRICTLY prohibited. Also creating links
to illegal pirated software (ie. warez) or cracks from your
IPZ.NET hosted site is STRICTLY prohibited.
2.4. Harassing others by 'mail-bombing'
or 'news-bombing'. 'Mail-bombing' constitutes sending more
than ten (10) similar mail messages to the same email address.
'News bombing' constitutes sending more than 10MB of data
to a newsgroup.
2.4.1. Sending unsolicited electronic
mail (email) messages where the recipient objects to the
content of the message or to the receipt of the message
in general is also prohibited under this Section.
22.214.171.124. Members acknowledge
that they are expressly prohibited from utilizing IPZ.NET's
service, IPZ.NET's equipment or any IPZ.NET's email
address in connection with the sending of the same or
substantially similar unsolicited email message, whether
commercial or not, to a large number of recipients.
This prohibition extends to the sending of unsolicited
mass mailings from another service which in any way
implicates the use of IPZ.NET's service, IPZ.NET's equipment
or any IPZ.NET's email address(es).
126.96.36.199. A message is unsolicited
if it is posted in violation of a USENET or newsgroup
charter and /or if it is sent to a recipient who has
not requested or invited the message. For purposes of
this provision, merely making one's e-mail address accessible
to the public shall not constitute a request or invitation
to receive messages.
188.8.131.52. Member specifically
agrees that he/she/it will not utilize the IPZ.NET service,
IPZ.NET's equipment or any IPZ.NET email address in
connection with the transmission of the same or substantially
similar unsolicited message to 20 or more recipients
or 5 or more newsgroups in a single day. Members responsible
for these acts may be terminated at IPZ.NET's discretion.
For each day upon which this provision is violated,
Member agrees to pay IPZ.NET $10.00 per day for an unintentional
violation of this provision, but where warranted, such
as in the case of an accidental transmission, IPZ.NET
may waive all or part of the applicable charge. In cases
of willful violations of this provision, Member agrees
to pay IPZ.NET $200.00 per day. IPZ.NET at its sole
discretion shall determine whether such a violation
was unintentional or willful. Payment by member under
this provision shall not prevent IPZ.NET from seeking
to obtain other legal remedies against member, including
other damages or an injunction.
2.5. Revealing your account password
to others or allowing use of your account by others (other
than authorized users in your household).
2.5.1 At no time can there
be simultaneous use of the same username and password
2.6. Forging any message header,
in part or whole, of any electronic transmission, originating
or passing through IPZ.NET services.
2.7. Distributing viruses to
or from IPZ.NET systems.
2.8. Use of software or any device
that would allow your account to stay logged on while you
are not actively using IPZ.NET services or use the account
for the purpose of operating a server of any type. (See
section 3 below)
2.9. Cross-posting advertisements
for products, items, or services to ten (10) or more unrelated
2.10. Posting articles to any
USENET or other newsgroup, mailing list or similar forum
which are off-topic according to the charter or other public
statement of the forum.
2.11. Disrupting any newsgroup
with frivolous, excessively vulgar, or repetitious postings.
2.12. Posting of binary, or excessively
large, unrelated text files to non-binary news groups that
have specifically requested such material not be posted
in the group's FAQ (Frequently Asked Questions), charter
or other public statement of the forum that such material
not be posted.
2.13. Installation of 'auto-responders',
'cancel-bots' or similar automated or manual routines which
generate excessive amounts of net traffic, or disrupt net
newsgroups or email use by others.
2.14. Engaging in any of the
above activities using the service of another provider but
channeling such activities through an IPZ.NET account or
re-mailer, or using an IPZ.NET account as a mail drop for
3. IPZ.NET Assumes No Liability
IPZ.NET has no practical ability to restrict all conduct,
communications or content which might violate this Policy
prior to its transmission on IPZ.NET's systems, nor can IPZ.NET
ensure prompt removal of any such communications or content
after transmission or posting. Accordingly, IPZ.NET does not
assume liability to subscribers or others for any failure
to enforce the terms of this Policy.
4. No Warranties Provided by IPZ.NET
4.1. Except for certain products and
services specifically identified as being offered by IPZ.NET,
IPZ.NET does not control any information, products or services
on the Internet and except for such IPZ.NET-identified content,
all merchandise, information and services offered, made
available, or accessible on the Internet are by third parties
who are not affiliated with IPZ.NET.
4.2. Data loss - IPZ.NET is not responible
for loss of data a user uploads to our servers due any software
or hardware malfunction. We always do backups of our servers
but you the user are responsible for keeping a backup of
your site on your own systems should a crash occur.
4.3. YOU ASSUME FULL RESPONSIBILITY
AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU
AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. IPZ.NET
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER
MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES,
WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. IPZ.NET
MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE,
INFORMATION OR SERVICE PROVIDED THROUGH IPZ.NET OR ON THE
INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY IPZ.NET,
ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A
4.4 IPZ.NET SHALL NOT BE LIABLE FOR
ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM
USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE
QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
4.5. THE INTERNET CONTAINS UNEDITED
MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH
YOUR ACCOUNT. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS
TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN
RISK. IPZ.NET HAS NO CONTROL OVER (EXCEPT ON OUR SERVERS)
AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS OUTSIDE
5. Your Remedies
5.1. If you are dissatisfied with the
Service or any of its terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy
is to terminate this Agreement and discontinue using the
Service by canceling your account by calling 407.687.7794.
5.2. UNDER NO CIRCUMSTANCES SHALL IPZ.NET,
ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT
OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS
OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON
OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED
ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS,
DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
You agree to defend, indemnify, and hold IPZ.NET and its affiliates
harmless from any and all liabilities, costs, and expenses,
including reasonable attorneys' fees, related to or arising
from: any violation of this Agreement by you or those who
access the Service through your account; AND, the use of the
Service or the Internet and the placement or transmission
of any message, information, software, or other materials
on the Internet by you or by those who have access to the
Service through your account.
7. Termination of Agreement
7.1. You may terminate this Agreement
by calling 407.687.7794 and cancelling service. Charges
to your account will stop accruing the day you receive your
confirmation number. IPZ.NET does not issue pro rata fee
7.2. IPZ.NET may terminate this Agreement:
at any time without cause upon 5 days prior notice; or,
immediately if you or any person who has access to the Service
through your account, commit a material breach of this Agreement,
including but not limited to a breach of any obligation
imposed in this policy or you fail to pay any charges within
10 days of the date they accrue.
7.3. Upon termination of this Agreement
all rights granted to you and your authorized users under
this Agreement shall immediately cease and terminate.
7.4. Termination of this Agreement
does not release you from the obligation to pay all accrued
charges under this Agreement.
This document provides a general understanding of IPZ.NET's
policy on appropriate use of IPZ.NET's services. Common sense
and judgement are a necessary part of any system of rules,
and this appropriate use policy is no exception. Of course,
flagrant or repeated violations of the Policy are viewed in
a very different light than minor infractions. Protection
of our customers and our resources, the ability to provide
quality service to our customers, conformance with existing
law, and the protection of our reputation as a service provider
are all contributing factors to decisions on appropriate use
policy violations. If a IPZ.NET account is used to violate
the appropriate use policy, we reserve the right to terminate
service without notice. Our preferred course of action would
be to advise the account owner of the inappropriate behavior
and corrective action necessary. However, flagrant violations
of the appropriate use policy will result in immediate termination
of service. In the event that an account is temporarily inactivated
as a result of any prohibited activities, the account may
be subject to reactivation charges and/or deposit requirements
to be determined by IPZ.NET.
8.1. IPZ.NET's failure to enforce
strict performance of any provision of this Agreement shall
not be construed as a waiver.
8.2. This Agreement shall be
governed by and construed in accordance with the laws of
the State of Florida, United States of America, without
regard to its conflicts of law provisions. You consent to
the personal jurisdiction of the federal and state courts
having jurisdiction for Seminole County, Florida with respect
to all disputes arising out of this Agreement, your use
of the Service or otherwise between you and IPZ.NET. Any
cause of action you may have with respect to the Service
must be commenced within one (1) month after the claim or
cause of action arises or such claim or cause of action
8.3. Any action at law, suit in
equity, or other judicial proceeding concerning, relating
to, arising from, or touching upon in any way, no matter
how remotely, the contract for services between you and
IPZ.NET and/or your use of and/or IPZ.NET's provision of
systems and services thereunder, shall be brought and litigated,
if at all, only in the state court system of the State of
Florida. In such event, you acknowledge the right of the
specified court to assert personal jurisdiction in any such
action over you and waive and release now and forever any
defense to that assertion of jurisdiction that might otherwise
8.4. Neither this Agreement, nor
any of your rights or obligations arising hereunder, shall
be transferable by you to any third party without IPZ.NET's
prior written consent.
8.5. This Acceptable Use Policy,
and the Billing & Payment Policy constitute the entire
agreement between you and IPZ.NET with respect to the Service.
8.6. IPZ.NET reserves the right
to alter, amend or modify this Agreement at any time.
9. Term of Agreement
This Agreement is effective from your acceptance thereof,
which is indicated by the establishment of your account. If
you are a current IPZ.NET member when this Agreement is activated,
your continued use of the Service constitutes your acceptance
of this Agreement.
10. Revisions to Policies
IPZ.NET reserves the right to modify its Policies at any time.
The most current version of our Policies are posted on the
IPZ.NET homepage (http://www.ipz.net/policies/policies.htm).