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IPZ.NET POLICIES : Subscriber Acceptable Use Policy

1. Introduction
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 laws.

2.1.3. Posting or emailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.

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 account.

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.

2.4.1.1. 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).

2.4.1.2. 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.

2.4.1.3. 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 combination.

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 USENET newsgroups.

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 responses.

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 WARRANTY.

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 OF IPZ.NET.

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.

6. Indemnity
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 refunds.

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.

8. Miscellaneous
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 is barred.

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 exist.

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).

 
IPZ.NET clients agree to abide by our policies. 2015 Xtended Memory Services
IPZ.NET/Xtended Memory Services • 144 Teriwood Court • Fern Park, FL 32730